Article 361

Context

The Supreme Court recently agreed to examine the contours of Article 361 of the Constitution which grants “blanket immunity” to governors from any kind of criminal prosecution.

राष्ट्रपति पद की सुरक्षा: भारतीय संविधान के अनुच्छेद 361 को समझना | Article  361, Constitution, भारतीय संविधान, अनुच्छेद 361

About

  • A woman staff member of the West Bengal Raj Bhawan, has accused Governor CV Ananda Bose of sexual harassment. 
  • The plea challenges the immunity granted to the governor of a state under Article 361 of the Indian Constitution and seeks numerous guidelines and investigations.

What is Article 361?

  • The Governors of the nation receive immunity from legal lawsuits over the period in their time period in the office under Article 361 of the Constitution.
  • The intention of the Article is to ensure that they’re not answerable to any court for the exercising and overall performance of their official powers and duties, nor for any acts finished in the direction of these obligations.
  • Criminal court cases: No crook instances may be initiated or endured towards them, and no arrest or imprisonment orders may be issued by any court under Clause (2) of Article 361.  
  • Civil proceedings: The Article mandates a two-month note for any civil lawsuits associated with private acts.
    • Clause (3) of Article 361 restricts any arrest or imprisonment orders at some point of their time period.
    • The article is an exception to Article 14 (right to equality) of the Constitution and provides that the president or the governor isn’t always answerable to any court for the exercise of the powers and duties of his office.

Immunity electricity of the Governor

  • Ceases to be in office: The police can act best after the Governor ceases to be in office, which is while both the Governor resigns or not enjoys the self assurance of the President.” 
  • Rameshwar Prasad v Union of India: In the landmark 2006 ruling in Rameshwar Prasad v Union of India, that mentioned the immunity enjoyed via the Governor “even on allegation of personal malafides,” the Supreme Court held that “the placement in law, is that the Governor enjoys complete immunity.”

What is the position of a governor in India?

  • Governors in India have the duty of upholding and imposing the Constitution and laws. 
  • According to Articles 153 and 154 of the Constitution, governors ensure the clean functioning of nation governments in the constitutional framework.

Conclusion

  • Governors in India possess discretionary constitutional powers,  which allow them to make essential selections within the executive realm, specifically during times of political or administrative uncertainty.
  • Although these powers are constitutionally granted, they’re subject to judicial overview to ensure they’re exercised within legal and right bounds.

UPSC Mains Practice Question

Q. “A governor should be discharging his/her duty in accordance with the spirit of the Constitution”. Discuss the statement in the light of the role of governor in the Indian polity. (250 words)

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